General Conditions of Sale
These general terms and conditions of sale (CGV) are agreed between Plínio Leal & Ana Leal Limitada, a limited liability company, with its registered office at Rua da Figueirinha 24 A, in Oeiras, with the share capital of € 50 000, NIPC 501495606, registered at the Cascais Commercial Registry Office, owner of the “André Ópticas” trademark and henceforth referred to as “André Ópticas” and persons wishing to make purchases through the André Ópticas website - www.andreopticas.com - (the “Website”), hereinafter referred to as "Customer".
These conditions apply only to non-trader natural persons. Any natural person acting for purposes other than his / her professional activity is understood as such.
The parties agree that purchases made through the Website will be governed solely by this Agreement to the exclusion of any conditions previously available on the Website.
These general conditions of sale are intended to make available to the Customer and to define all necessary information about the ordering, sale, payment and delivery of purchases made on the Website.
These conditions govern all the steps necessary to place the order and guarantee the follow-up of this order between the Parties.
These general conditions shall not apply if it is established by order type that the Customer is not an end consumer as defined in Article 1 (3) (a) of Decree-Law No. 143/2001 of April 26th.
3. Online Ordering
To make purchases through the Website you must register as a Customer by filling out the form available online.
Once registered, simply insert in the virtual shopping basket all the items you wish to purchase. You must follow all the steps of the purchase so that it is completed successfully.
Validation of the purchase order implies that the Customer has become aware and expressly accepts these General Conditions of Sale, available for consultation on the Website.
The data recorded by André Ópticas constitutes proof of the set of transactions made between André Ópticas and the Customer. It is the responsibility of André Ópticas to archive the electronic document in which the contract is formalized and keep it accessible.
Once you complete your purchase, you will receive an automatic email confirming the transaction. If the data is not correct you can immediately request your change, or even the cancellation of the purchase made.
André Ópticas reserves the right to unilaterally cancel the order whenever there is a programming error, malfunctioning of André Ópticas computers as well as in case the order is incomplete or an error is verified about an element essential as part of the contract.
4. Prices and Payment Methods
André Ópticas informs that the prices practiced in the Website are exclusive for the online store and that may vary from the prices in the physical stores. All promotional campaigns have limited and exclusive stock for online marketing.
For Europe orders prices are in Euros, with taxes and fees included, including VAT in force at the time of payment of the order. Taxes for orders sent to other countries outside Europe will be at costumers responsability.
If prices of products for sale on the Website change, this will require an update of the advertised prices. If so, this will not affect orders already registered.
In the purchase of Products sold on the Website, André Ópticas accepts the following payment methods:
- ATM Reference
If payment is made by credit card, the debit will be made to the Customer's card immediately after the order has been registered.
André Ópticas only processes an order placed by a Customer upon confirmation of payment, and André Ópticas cannot guarantee the availability of the articles until such processing begins.
Failure to pay the order within 2 (two) days of the date on which it was placed implies the automatic cancellation of the order.
After confirmation of receipt of payment, and within 24 hours, an email will be sent confirming the validation of the order. The email will be sent to the email address indicated by the Customer upon registration on the Website.
5. Product Availability
The catalog of Products featured on the Website is independent of physical stores, both in price and in stock quantities. All promotional campaigns have limited and exclusive stock for online marketing.
In the product sheet, the Customer finds the estimated date for dispatch. The estimated shipping time adds to the shipping time depending on the carrier chosen, as well as the destination of the order. André Ópticas only ships on weekdays. This way, neither weekends nor holidays are estimated for parcel delivery. In any case, the estimated delivery dates are purely indicative.
If any product ordered is unavailable, and after contacting the supplier regarding the possibility of replacement of the missing item, André Ópticas will contact the Customer if the delivery time or the price of the article changes and the order will only proceed after consent given by Customer. In case of absolute unavailability of stock of the ordered product, André Ópticas may offer to the Customer the supply of a product of equivalent quality and price, if any, and in this case, the order will only proceed after the consent given by the Customer.
In case of absolute unavailability of stock of the ordered product, and being unable to offer to the Customer any product of equivalent quality and price or not having given his consent to the change of the order originally made, André Ópticas will refund the amounts paid. Customer, within 14 (fourteen) days after notification of cancellation.
Any delay in the shipment of articles, due to the estimated dates presented, does not entitle the Customer to any compensation.
6. Product Warranty
If the purchased product is defective, the Customer must report the situation to André Ópticas, in person at any store or in writing by means of a communication to the e-mail address email@example.com, stating the order number and the description of the malfunction with the support of pictures. The costs of returning or collecting items within the warranty period will be at client expenses and credited by André Ópticas after positive confirmation that the product is in fact defective.
Upon receipt of the article, the technical verification of the same will be made and, in case of a faulty product, the article will be replaced. In this case, André Ópticas will replace the item and send it again to the Client's address without any additional cost.
If the technical evaluation detects signs of misuse, and / or any problem that may have caused the item to malfunction (eg, scratches, product overuse, accidents, humidity, corrosive products, etc.) the Customer will be contacted to indicate whether the equipment is to be repaired. The repair will only begin after the Client has expressly accepted the quote.
In the case of goods outside the warranty period, the Customer may still want the item to be repaired. For this purpose, you can contact André Ópticas in person at any store or in writing by communicating to the e-mail address firstname.lastname@example.org. The articles will be analyzed and a repair quote will be issued. The repair will only begin after the Client has expressly accepted the quote.
André Ópticas is committed to protecting the privacy of its Clients and to fulfilling its obligations under the legislation on Protection of Personal Data.
8. Applicable Law and Venue
The parties expressly agree that the present General Conditions of Sale, in all their terms and conditions, will be governed and will be interpreted in accordance with the Portuguese legislation in force.
The parties agree to submit any questions or disagreements that may arise as a result of the interpretation, performance and performance of this contract to the jurisdiction and jurisdiction of the court in the buyer's domicile or, alternatively, to the court in the place of performance of the contractual obligation.
9. Information requests and complaints
If you have any questions or wish to submit complaints regarding the use of our services, you can send an email message to the email address email@example.com, and we undertake, at all times, to seek a friendly solution to the conflict.
10. Complaints Book
If you wish, you can submit a complaint in the Complaints Book in electronic format and / or request more information on the Complaints Book Platform available on the website: www.livroreclamacoes.pt.
11. Information on Consumer Dispute Resolution Entities
In the event of a consumer dispute, you may have recourse to a Consumer Dispute Resolution Entity. In the attach II of these General Sales Conditions you can find the list of consumption arbitration centers available in Portugal.
FREE RESOLUTION FORM TEMPLATE
(you must complete and return this form only if you want to terminate the contract)
Rua da Figueirinha 24 A, 2780-014 Oeiras, Portugal
By this communication I communicate that I am resolving mypurchase and sale contract relating to the following asset ______________________________________(identify the acquired asset with the trade name and serial number, if applicable), requested at / received at (*)_____________________________.
(*)strike out what doesn't matter
Consumer Dispute Resolution Entities *
In the event of a dispute the consumer may resort to an Alternative Resolution Entity for Consumer Disputes (RAL):
- National Consumer Conflict Information and Arbitration Center (CNIACC)
- Arbitration Center of the Autonomous University of Lisbon (CAUAL)
- Algarve Information, Mediation and Arbitration Center (CIMAAL)
- Arbitration Center for Consumer Conflicts in the District of Coimbra (CACCDC)
- Lisbon Consumer Conflict Arbitration Center (CACCL)
- Arbitration Center for Consumer Conflicts in the Autonomous Region of Madeira (CACCRM)
- Porto Consumer and Arbitration Information Center (CICAP)
- Vale do Ave Consumer Conflict Arbitration Center (TRIAVE)
- Vale do Cávado Consumer Conflict Information and Arbitration Center (CIAB)
*The appointment of arbitration centers is made under the terms of Law 144/2005, of 8 September, not implying that André Ópticas adheres to or will join arbitration, namely for the regulation of consumer conflicts.
You can get more information consulting the Consumer Portal through the website www.consumidor.pt.